Hondo divided over reply to ballot inquiry

The mayor asked why the special attorney, hired to defend a controversial recall election, forwarded affidavits from the officials it ousted.

Published 1:18 pm, Wednesday, August 26, 2009

Distrust among Hondo officials has deepened over the city's response to U.S. Department of Justice questions about the ballot format for the May 9 election in which voters recalled three city council members.

The department, which had sent monitors to watch the divisive election, last month asked why the recall targets were grouped in one proposition, rather than being listed separately on the ballot, as required by the city charter.

In the city's response last week, special counsel Rolando Rios included affidavits by the ousted council members in which they expressed the opinion that grouping them together cut the chances any of them would stay in office.

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Mayor Jim Danner described Rios' actions as bizarre, noting the recalled officials naturally want the election overturned, while the city is arguing that it was valid.

Danner reacted by asking justice department officials to disregard the affidavits and consider only information from former City Secretary Yolanda Benitez.

Asked why he sent the affidavits, Rios said, "As the attorney for the city, it's my job to present the Department of Justice with all of the facts as we believe would add to its analysis."

The affidavits don't address the July 31 request from the department's Voting Section Chief Christopher Coates that the city name "all persons who provided any information or advice or participated in the decision and, all ballot language suggestions."

Of Danner's criticism, Rios noted, "The mayor was a strong supporter of the recall petition."

In her submission, Benitez said staffers at the Texas Secretary of State's office suggested using one ballot question since the election was sparked by one petition targeting all three officials. She said Acting City Attorney Bobby Perez had suggested listing the names on the ballot individually, but she deferred to the state officials.

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In June, a week before U.S. District Judge Fred Biery reinstated the ousted trio, Rios was rehired by new council members Mike Sanchez and Clyde Haak as special counsel to defend the city against the lawsuit.

Danner previously faulted Rios for including Torrez in a city delegation to Washington D.C. where, on July 20, Danner, Herrera and Benitez told justice department staffers the election should stand.